Have You Been Charged with Electronically Furnishing Obscene Material to Minors?

Georgia has a statute specifically prohibiting providing obscene materials to minors using electronic devices. This bans a wide range of behaviors, from sharing pornography with an underage acquaintance to sending explicit messages to a minor in an online chat room. “Sexting” and sending nude photos to a romantic partner is becoming increasingly common with the advent of smart phones. However, if an adult sends such explicit material to a minor, they can be charged with a crime in Georgia.

While furnishing obscene material to minors is not charged as a felony, it is a misdemeanor of a high and aggravated nature. A conviction for this offense can have serious repercussions on your life, including the burden of being labeled as a sex offender. It is important that you have an attorney experienced with sex crimes to guide you through the often-confusing legal process. Kimberly Berry is a top-rated Atlanta defense attorney who has successfully exonerated many clients during her legal career. If you believe you have been falsely accused of furnishing obscene materials to minors, contact the Berry Law Group so Kimberly can begin working on your case.

Definition of Electronically Furnishing Obscene Material To Minors

According to Georgia law, the offense of electronically furnishing obscene materials to minors (O.C.G.A. 16-12-100.1) has been committed when “knowing or having good reason to know the character of the material furnished”, a person “electronically furnishes to an individual whom the person knows or should have known is a minor:

  • Any pictures, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or

  • Any written or aural matter that contains material of the nature described [above] or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse.”


The material provided to the minor must satisfy three additional requirements for it to qualify as obscene material:

  • The offensive portions of the material are not merely an incidental part of an otherwise nonoffending whole;

  • The material, taken as a whole, lacks serious literary, artistic, political, or scientific value; and

  • The material, taken as a whole, is harmful to minors (It predominantly appeals to the prurient, shameful, or morbid interest of minors or is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors.)

Under this law, the term “minor” refers to an unmarried person under the age of 18 years.

“Electronically furnishes” means “to make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM” or by “allowing access to information stored in a computer, including making material available by operating a computer bulletin board.”

Punishments for Electronically Furnishing Obscene Material To Minors

Anyone convicted for electronically furnishing obscene material to minors will be guilty of a misdemeanor of a high and aggravated nature.

Why Do I Need a Sex Crimes Defense Lawyer?

Being arrested for electronically furnishing obscene material to minors can be a very stressful, upsetting experience. Depending on the circumstances of your case, you may be facing jail time or substantial fines. Furthermore, being identified as a child sexual predator can make you a pariah in your community.

However, being accused of a crime is not the same as being convicted. Many defenses are available to refute charges of electronically furnishing obscene material to minors. For example, the law states that for a person to be guilty it is necessary that he or she “knows or should have known” that the person receiving the material was a minor. If you met someone online who lied about his or her age, whom you reasonably believed was an adult, you should not be convicted. Furthermore, the material in question must qualify as “obscene.” If the material had “serious literary, artistic, political, or scientific value” it is not considered obscene.

Kimberly and the Berry Law Group have experience handling these types of cases and dealing with Georgia prosecutors. They will work to resolve your case to your satisfaction, either by working out a solution with prosecutors or aggressively defending you in court. The earlier in the process you involve Kimberly in your case the better, so contact the Berry Law Group today.